[Code of Federal Regulations]

[Title 45, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR400.102]



[Page 365]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER IV--OFFICE OF REFUGEE RESETTLEMENT, ADMINISTRATION FOR CHILDREN 

          AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

PART 400_REFUGEE RESETTLEMENT PROGRAM--Table of Contents

 

                  Subpart G_Refugee Medical Assistance

 

Sec.  400.102  Consideration of income and resources.



    (a) Except as specified in paragraphs (b), (c), and (d) of this 

section, in considering financial eligibility of applicants for refugee 

medical assistance, the State agency must--

    (1) In States with medically needy programs, use the standards 

governing determination of income eligibility in 42 CFR 435.831, and as 

reflected in the State's approved title XIX State Medicaid plan.

    (2) In States without medically needy programs, use the standards 

and methodologies governing consideration of income and resources of 

AFDC applicants in effect as of July 16, 1996, including any 

modifications elected by the State under section 1931(b)(2) of the 

Social Security Act.

    (b) The State may not consider in-kind services and shelter provided 

to an applicant by a sponsor or local resettlement agency in determining 

eligibility for and receipt of refugee medical assistance.

    (c) The State may not consider any cash assistance payments provided 

to an applicant in determining eligibility for and receipt of refugee 

medical assistance.

    (d) The State must base eligibility for refugee medical assistance 

on the applicant's income and resources on the date of application. The 

State agency may not use the practice of averaging income prospectively 

over the application processing period in determining income eligibility 

for refugee medical assistance.



[65 FR 15449, Mar. 22, 2000]